Violent Crime

Facing investigation or prosecution of a violent crime can be a trying and traumatic time for you and your loved ones facing the uncertainty of the outcome. The consequences can be serious and significant not only for you but those that care about you.

We are able to consider and advise on the evidence against you and explore with vigour any potential defence including self-defence and involuntary intoxication.

We instruct experienced barristers and experts who work with us as part of your legal team and can provide further advice and insight on your case.

We specialise in:

• Grievous bodily harm s.18 and s.20
• Assault occasioning actual bodily harm
• Common assaults / Domestic assaults
• People smuggling
• Firearms
• Offensive weapons

Violent crime is an any criminal offence which involves or threatens violence. Violence itself does not have to be physical. The consequence of a conviction for a violent crime can be severe, ranging from a few months’ imprisonment for common assault to life sentences for murder or robbery.

It is important that you are represented robustly it to ensure that you have the best possible defence for your cased from a specialist with the support with the expertise in dealing with your type of case they will be able to understand your viewpoint and advise you of the options available to you.

GBH –  Grievous Bodily Harm

These offences are covered by Section 18 and Section 20 of the Offences Against the Person Act 1861.

Essentially, there must be really serious harm caused to the victim as a result of the assault or battery an example of this would be a stabbing. If there is no intention to inflict really serious harm a section 20 offence of unlawful wounding will have been committed.

But if there was an intention to inflict really serious harm than the most serious offence of GBH of section 18 would have been committed.

Therefore, it is important that the issue of intention is fully explored when preparing your defence.

It is also significant that the serious harm does not have to be physical. It could also involve serious psychiatric injury.

If the injuries are serious and permanent, they will amount to GBH, however permanence is not a prerequisite of GBH. Temporary injuries can be sufficient.

It is likely that the following types of injuries may amount to GBH

• Those requiring lengthy medical treatment will result in period of incapacity
• Permanent, disability or loss of sensory functions of paragraph 8 permanent visible disfigurement
• Broken bones, cheekbone
• Dislocated, joints displaced limbs fractures
• A substantial loss of blood

In order fulfil the criteria for section 18 GBH is that the serious harm was carried out unlawfully. Intention can be direct or indirect. Indirect intention could be seen if it could be appreciated by the defendant that it was a virtual certain consequence of his or her act that the serious harm would be a result .

Section 18 Grievous Bodily Harm offences can only be heard at the Crown Court, and can carry a maximum life imprisonment to reflect the seriousness of the offence.

The court will consider when sentencing the offence category and in doing so will assess the culpability and harm.

1. High Culpability
   • Significant degree of planning or pre-meditation
   • Victim obviously vulnerable due to age, personal characteristics or circumstances
   • Use of a highly dangerous weapon or weapon equivalent
   • Strangulation, suffocation, asphyxiation
   • Leading role in group activity
   • Prolonged/persistent assault
   • Revenge
2. Medium culpability
   • Use of a weapon or weapon equivalent which does not fall within category A
   • Lesser role in group activity
   • Cases falling between category high and low culpability because:
     • Factors in both high and lesser categories are present, which balance each other out and all
     • The offenders culpability force between the factors as described in higher and lesser culpability.
     • Cases falling between category high and low culpability because:
3. Lesser culpability
   • No weapon used
   • Excessive self defence
   • Offender acted in response to prolonged extreme violence or abuse by the victim
   • Mental disorder or learning disability where linked to the commission of the offence

Harm

The court should assess the level of harm caused with reference to the impact upon the victim

Category 1

• Particularly grave life threatening injury caused
• Injury results in physical or psychological harm, resulting in lifelong dependency on third-party care or medical treatment
• Offence result in permanent, irreversible injury or psychological condition which has a substantial long-term effect on the victim’s ability to carry out their normal day to day activities or on their ability to work

Category 2

• Grave injury
• Offence results in a permanent irreversible injury or condition not falling within category 1

Category 3

• All other cases where there is really serious harm
• All other cases of wounding

Once the court have decided on the category and culpability they will use this as a starting point in terms of sentencing which can range from two years to life imprisonment.

There are a number of factors which increase seriousness of the offence and can include:

• Previous convictions
• Offence committed whilst on bail
• Offence motivated, by or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim, race, religion, disability, sexual orientation, or transgender and identity
• Offence was committed against an emergency worker, acting in the exercise of functions as such a worker.
• Offence was committed against a person providing a public service, performing or a public duty or providing services to the public
• Offence committed against those working in the public sector or providing a service to the public, or against a person coming to the assistance of an emergency worker
• Offence committed in prison
• Offence committed in a domestic context
• History of violence, or abuse towards victim by offender
• Presence of children
• Gratuitous degradation of victim
• Abuse of power and opposition of trust
• Any steps taken to prevent the victim reporting the incident or obtaining assistance, and or from assisting or supporting the prosecution
• Commission of offence, whilst on the influence of alcohol and drugs
• Offence committed, whilst the license was subject to post sentence supervision
• Failure to comply with current court orders

There are a number of factors reducing seriousness or reflecting personal mitigation for example:

• No previous convictions or no relevant recent convictions
• Remorse, good character, and or exemplary conduct
• Significant degree of provocation
• History of significant violence or abuse towards the offender by the victim
• Age, and lack of maturity
• Mental disorder or learning disability which not linked were not linked to the commission of the offence
• Sole or primary carer for dependent relative
• Determination and a demonstration of steps taken to address, addiction or amending offending behaviour.
• Serious medical condition, requiring urgent intensive or long-term treatment

Section 20 unlawful wounding

The Prosecution will have to demonstrate that you unlawfully wounded or inflicted Grievous Bodily Harm on another person. This does not require the prosecution approving any intention on your part.

Common assault

The offence of common assault is set out in section 39 of the Criminal Justice Act 1988 and for racially/religiously aggravated common assault section 29 of the Crime and Disorder Act 1998.

• Section 39 common assault is triable only in the magistrates court and the court are able to sentence to a maximum of six months imprisonment. The offence ranges from a conditional discharge to 26 weeks in prison.
• Section 29 racially or religiously aggravated offence. This is triable either way which means it can be tried in the magistrates court or in the crown court, and the maximum sentence is that of two years custody
• Offence committed against an emergency worker is triable either way, and has a maximum sentence of two years custody (one-year custody for offences committed before 28th of June 2022).

Common assault is the least serious of assault offences as no actual physical contact needs to occur to be found guilty of this offence. The prosecution are required to prove that the defendant caused the victim to fear that immediate physical violence would be used against them this could be in the form of a verbal threat combined with a raised fist.

If a person is aware that there is a possibility that their act could cause another to apprehend violence and they take the risk and carry on with their conduct this would be considered recklessness.

For offences of assault by beating, this in effect means that some form of unlawful physical contact has been made. This could be a scratch pulling of hair and does not leave any physical marks or bruises. If there is, in fact, any bruising or physical marks you could be charged with actual bodily harm which is a more serious offence.

For domestic common assault cases, the police will be keen to obtain an admission from you in interview or when they first attend the scene on their body worn footage just in case the complainant changes their mind and seeks to retract their statement or refuse to attend court. We are able to advise you during interview on your options to place you in the best possible position.

Assault on Emergency Worker

This is where there is unlawful violence applied to an emergency worker who is acting in the course of their duty.

An emergency worker can include a paramedic, medical staff and firefighters. At times the circumstances surrounding the offence can be an important factor when considering mitigation as emotions can be high in emergency situations and you may have not thought of the consequences of your actions which are often out of character. Spitting, pushing all can amount to this offence which is considered serious by the court and for which you can be sentenced to 2 years in prison.

Defences

It is important that any defences are explored as a conviction for any violent offence can impact visa applications, employment and your reputation.

We are able to make investigative enquiries on your behalf, view CCTV and take any statements on your behalf of witnesses.

Firearms offences

The law governing the handling use possession and distribution of firearms is predominately contained within the Firearms Act 1968.

Being in possession of a firearm as described within the act in any circumstances other than prescribed by law is illegal. It is an absolute offence which means that a person could be in possession of a bag and did not know that they had a firearm and would still be guilty of the offence of possession of a firearm, which carries a maximum sentence of five years imprisonment.

There are certain circumstances prescribed by law that make it legal to possessing owns firearms, for example, police officers or if members of public apply for firearms certificate.

There are also a number of prohibited weapons and ammunition that give rise to criminal offences under the Act, as well as being in possession of an imitation firearm this is despite whether or not it is capable of discharging any shot bullet or other missile.

This is a complicated area of law as not all items that look like firearms are in fact prohibited items and therefore specialist legal advice is important to early stages.

Offensive Weapons

An offensive weapon is any article made or adapted for use for causing injury to the personal intended by the person having it with them for such use, by them or by some other person.

Knives are a common offensive weapon,and being in possession of these will result in severe consequences. You could receive a custodial sentence, even if you were carrying a knife, and it was not used at all.

Acceptable, good reasons to carry a knife in public can include transportation to use at work, taking knives for exhibition at a gallery of museum or religious theatre or film television purposes. It is a matter for the court to decide if you had a good reason to carry the knife in public.

It is also now a criminal offence to be in possession of an offensive weapon in a private place. A private place could be your home.

There are 2 exemptions for possessing an offensive weapon in a private place whereby you could possess such a weapon. If it is an antique weapon, i.e. over 100 years old at the time of any alleged offence or a weapon that is known for religious reasons, for example, a Kirpan.

The maximum term of imprisonment for possession of an offensive weapon in a public places is 4 years imprisonment.